Foreclosure Awareness Day 64-66

Golden Rule

The Uniform Commercial Code forbids foreclosure of the mortgage unless the creditor possesses the properly-negotiated original promissory note.

If the creditor can’t produce it or meet “lost note” qualifications, the foreclosure must stop.

The difficulty is that all too often the Golden Rule of Mortgage Foreclosure is simply ignored. The foreclosure goes ahead as if the rule were not statutory law of every jurisdiction in the United States. Why is that?

Sadly the Uniform Commercial Code is unpopular, particularly the law of negotiable instruments (checks and promissory notes). Most lawyers dub this a “snoozer” and skip it, so the only exposure to the topic, if any at all, is in bar prep where coverage is spotty.

Thus many foreclosures occur without it occurring to anyone that the UCC has any bearing on the issue.

Wells Fargo is once again trying to foreclose my home. This scares me because Wells Fargo began this foreclosure without serving me. I was lucky to find it when I went to Case Lookup for dates relating to the foreclosure of my condo, which was done without a hearing although I had answered.

Serving a party to a lawsuit is basic due process. It is a Constitutional right from the 5th Amendment to The United States Constitution. The 5th Amendment is a part of our Bill of Rights.

It is also basic due process to have a hearing if a defendant answers a complaint. If a court decides not to have a hearing the plaintiff rejoices that the defendant must accept the unjust loss that results.

Throughout the United States, Wells Fargo and Bank of America use fraud, dishonesty and the denial of the basic constitutional right to due process to make American families homeless and gain control of their property.

Sometime after I discovered the foreclosure, the HAMP – Home Affordable Modification Program – was introduced. I immediately applied. In time Wells Fargo qualified me and sent me an offer for a trial period. I accepted and sent in my payments on time and in full. This was supposed to ensure my loan modification becoming permanent. But, Wells Fargo went back on its word and began trying harder than ever to foreclose.

I will keep fighting the foreclosure of my home because I love my garden. I can’t go places because I can’t walk very well, so my garden is the love of my life. I love the bees, wasps, praying mantis, lizard, ants, flowers, and veggies. I have the veggies in my meals every day, but most abundantly during the summer.

I am sure that Wells Fargo would change and be good, rather than bad, if there were enough people holding that thought. So, I’m calling on the Angel of Divine Love to spread awareness and bring Divine Love to Wells Fargo.

Please help raise awareness of foreclosures to help all Americans who are up against powerful banks that get away with fraud and dishonesty.